Chapter IVA - Special Provisions Relating to Protection of Trade Marks Through International Registration under the Madrid Protocol
Section 36C
Section 36C: Registry handling of international applications
International applications are handled by the Registry head office or a branch specifically notified by the Central Government.
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Need advice on Section 36C?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Notwithstanding anything contained in sub-section (3) of section 5, an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Official Gazette, specify.
Rule and business relevance
The provision operates notwithstanding the ordinary territorial-office rule in section 5(3). Current notification and filing arrangements should therefore be checked.
Limits and related provisions
Do not assume an ordinary domestic territorial office automatically handles the international application. This guide does not substitute an unverified current office address.
Hypothetical business example
Hypothetical example: A business prepares an international application and checks the officially designated handling office rather than selecting a domestic branch solely by its location.
Practical decision flow
Identify the international application.
Check the current Gazette designation and Registry instructions.
Use the prescribed official submission process.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the international application.
- Check the current Gazette designation and Registry instructions.
- Use the prescribed official submission process.
Avoid
- Do not assume an ordinary domestic territorial office automatically handles the international application. This guide does not substitute an unverified current office address.
Glossary
- Notified branch
- A branch specified for this function by Gazette notification.
- Head office
- The Trade Marks Registry head office identified by the statutory framework.
Frequently asked questions
Does ordinary territorial allocation decide this automatically?
No. The section expressly overrides section 5(3) for the stated purpose.
Can a branch handle international applications?
Yes, if the Central Government specifies it by notification.
Does the section itself give a permanent address?
No. Current official arrangements must be checked.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026